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(101) RADHIKA AGARWAL Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Customs Act, 1962 — Criminal Procedure Code, 1973 — Interplay Between Customs Act and CrPC — The provisions of the CrPC, apply to the Customs Act, 1962, to the extent that there is no contrary provision in the special act, as per Sections 4 and 5 of the Code.
India Law Library Docid # 2422897

(102) MANOJ RAMESHLAL CHHABRIYA Vs. MAHESH PRAKASH AHUJA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — The Supreme Court set aside the High Court's order declining to grant leave under Section 378(3) of the Cr.P.C. in an appeal against acquittal, remitting the matter for consideration on merits — The case involves the acquittal of a respondent accused of murdering his wife, with the prosecution relying on circumstantial evidence — The
India Law Library Docid # 2422939

(103) SANJAY KUMAR Vs. STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 391 — Appellate court's powers in appeal from conviction — Remand for Re-trial — The Supreme Court sets aside the High Court's order dismissing the appeal in limine and remands the case for re-trial on merits, citing the need for evaluating evidence and witness depositions.
India Law Library Docid # 2422940

(104) STATE OF CHHATTISGARH Vs. ASHOK BHOI ETC.[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 302 and 364A — Murder and Kidnapping — Evidence Act, 1872 — Section 106 — In a case based on circumstantial evidence, the prosecution must prove a complete chain of circumstances to establish the accused's guilt beyond reasonable doubt, and mere suspicion or the “last seen together” theory is insufficient for conviction
India Law Library Docid # 2423108

(105) RAMESH MARUTI GONDHALI Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Evidence Act, 1872 — Section 27 — Assessing Evidence in Appeals against Acquittal — When dealing with appeals against acquittal, the appellate court must be cautious and only interfere if the acquittal is found to be perverse, i.e., not based on a plausible view of the evidence.
India Law Library Docid # 2423215

(106) THE STATE OF KARNATAKA Vs. BASAVARAJ @ BASU[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 302, 307 and 376 — Criminal Procedure Code, 1973 (CrPC) — Section 161 —The appellate court should be very slow in setting aside a judgment of acquittal, particularly where two views are possible, unless the trial court's judgment is perverse or wholly unsustainable in law — Supreme Court dismissed an appeal against the High Court's acquittal in a rape and murder case, finding no grounds to overturn the acquittal due to inconsistencies in the victim's statement
India Law Library Docid # 2423456

(107) BEAUTI SINGHA Vs. THE STATE OF TRIPURA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 312, 342, and 417 — The appellate court should be cautious in setting aside a judgment of acquittal unless the trial court's judgment is perverse or wholly unsustainable in law — Supreme Court dismissed a criminal appeal challenging the acquittal of the respondent under Sections 312, 342, and 417, finding the High Court's reasons for acquittal to be cogent and not warranting interference under the established principles for appeals against acquittals.
India Law Library Docid # 2423458

(108) MAHAVEER SHARMA Vs. EXIDE LIFE INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 25-02-2025
Insurance Law — Material Facts in Insurance Contracts — The concept of "material facts" in insurance contracts refers to information that would influence a prudent insurer's decision to assume the risk or fix the premium — The materiality of a fact is determined on a case-to-case basis, considering the nature of the policy, risk, and queries in the proposal form
India Law Library Docid # 2422831

(109) LIFECARE INNOVATIONS PVT. LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Micro, Small and Medium Enterprises Development Act, 2006 — Section 11 — Statutory Framework for Micro, Small, and Medium Enterprises (MSMEs) — The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), aims to promote and develop MSMEs by creating a statutory framework — Section 11 of the MSMED Act empowers the Central/State Governments to notify procurement preference policies for MSMEs
India Law Library Docid # 2422832

(110) HIRALAL BABULAL SONI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Penal Code, 1860 (IPC) — Sections 120B and 411 — In a criminal case, conviction under Section 411 of the IPC requires the prosecution to prove beyond reasonable doubt that the accused had knowledge or reason to believe that the property in their possession was stolen
India Law Library Docid # 2422833

(111) NIRMITI DEVELOPERS THROUGH ITS PARTNERS AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Maharashtra Regional and Town Planning Act, 1966 — Sections 49 and 127 —Interpretation of Sections 49 and 127 — The MRTP Act's scheme is to lay down timelines for acquiring land, with Section 49 specifying obligations to acquire land upon receipt of a purchase notice, and
India Law Library Docid # 2422834

(112) DR. SUNIL KUMAR SINGH Vs. BIHAR LEGISLATIVE COUNCIL (THROUGH SECRETARY) AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Representation of People Act, 1951 — Section 151A — Constitution of India, 1950 — Articles 32 and 212(1) — Maintainability of Writ Petition under Article 32 — The writ petition is maintainable despite Article 212(1) of the Constitution, which bars scrutiny of legislative proceedings on grounds of procedural irregularity — The court distinguishes between "Proceedings in the Legislature" (immune under Article 212(1)) and "Legislative Decisions" (subject to judicial review
India Law Library Docid # 2422835

(113) KANAHAIYA LAL ARYA Vs. MD. EHSHAN AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Rent and Eviction — Bona Fide Need of Landlord for Eviction — The landlord's need for eviction must be genuine, not just a desire to vacate the premises — The landlord is the best judge to decide which property to vacate for their particular need
India Law Library Docid # 2422828

(114) SUNEETI TOTEJA Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 25-02-2025
Criminal Procedure Code, 1973 — Section 197 — Necessity of Sanction for Prosecution of Public Servants — Under Section 197 of the CrPC, no court shall take cognizance of an offence against a public servant without prior sanction from the appropriate government, if the offence is alleged to have been committed while acting or purporting to act in the discharge
India Law Library Docid # 2422829

(115) JAYA BHATTACHARYA Vs. THE STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Service Law — Departmental Inquiry — Mandatory for Determining Guilt or Innocence — A departmental inquiry is essential to determine whether an employee was indeed absent without authorization or prevented from performing duties — Failure to conduct such an inquiry, as ordered by a tribunal, cannot shift the burden of proof to the employee
India Law Library Docid # 2422830

(116) ARVIND KUMAR BHATI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Constitution of India, 1950 — Article 21 — Right to Healthcare and Emergency Services: While the right to healthcare and unobstructed access to emergency services is fundamental, directives ensuring these rights must be balanced against administrative feasibility and policy frameworks.
India Law Library Docid # 2422941

(117) RAKESH WALIA Vs. STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 25-02-2025
Penal Code, 1860 (IPC) — Sections 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 — The appellant a retired Army officer seeks to quash an FIR filed against him under various IPC sections, alleging rape and molestation of a complainant he met through Facebook for a modeling assignment — The same complainant has filed nearly identical cases against at least eight other individuals, and she has not cooperated with the investigation nor appeared in court despite being served notice — The Supreme C
India Law Library Docid # 2423048

(118) RAM LAL Vs. JARNAIL SINGH (NOW DECEASED) THROUGH ITS LRS AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Civil Procedure Code, 1908 — Order 20 Rule 12A —Specific Relief Act, 1963 — Section 28 — Limitation Act, 1963 — Article 136 — The Supreme Court allowed an appeal against a High Court order that had set aside an executing court's direction to defendants to execute a sale deed in favor of the plaintiff, who had deposited the balance sale consideration after a delay — The Court held that the doctrine of merger applies
India Law Library Docid # 2423099

(119) JUSTICE V. ESWARAIAH (RETD.) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Education Law — Reserved category seats in post-graduate medical courses — Supreme Court held that the issue of Meritorious Reserved Candidates (MRCs) sliding from open to reserved category seats in post-graduate medical courses cannot be decided in abstract in a Public Interest Litigation (PIL) — The court relied on its previous judgments in Indra Sawhney vs. Union of India (Constitution Bench), R.K. Sabharwal v. State of Punjab (
India Law Library Docid # 2423292

(120) THE UNION OF INDIA ETC Vs. THE DEPUTY COMMISSIONER AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 74 — Violation of natural justice principles by not impleading and hearing a beneficiary of land acquisition proceedings in the reference court necessitates setting aside the award and remanding the case for a fresh hearing — Supreme Court set aside the High Court's order and the land acquisition compensation award, remanding the case because the CRPF, the beneficiary, was not mad
India Law Library Docid # 2423452